If I have a utilitycompany thatwants me to sign an easment to put an electric line on my property, what happens if I don’t sign?

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If I have a utilitycompany thatwants me to sign an easment to put an electric line on my property, what happens if I don’t sign?

They already have a line on the highway. They will have to cut down some old oak treas and some walnut. They say it will be more convenient to use my land.

Asked on February 18, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no easy answer. Easements are sometimes created by necessity--because a party needs an easement, either for its own use (e.g. a "land-locked" neighbor who  needs to pass over your land to reach his/her own), or for the public good. In addition, state or local law may give utilities the right to pass over or use your land when necessary.

The best thing to do is to contact experienced real estate counsel, and have the attorney review the situation and the proposed easement with you. The laywer can let you know whether you have grounds to refuse access--or perhaps simply have leverage and an opportunity to negotiate some payment (or better payment, if you've already been offered something) for the easement. Good luck.


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